to examine and

ter and lard, (according to the duties of this Act,) shall on ap- Penalty for inplication made for the examination of any butter or lard as or delaying aforesaid, unreasonably refuse, neglect or delay to proceed inspect for to such examination and inspection, for the space of three three hours. hours after such application so made to him, the inspector so refusing, neglecting or delaying to make such examination or inspection, shall, for each offence forfeit the sum of two dollars.

brand butter or

SEC. 8. Be it further enacted, That if any inspector or Penalty for ne deputy inspector shall neglect or refuse to brand any butter & to or lard, to be exported agreeably to this Act, the person or lard. persons so offending, shall be subject and liable to the same penalties and forfeitures mentioned in the seventh section of this Act.

Counterfeiting

SEC. 9. Be it further enacted, That if any person shall Penalty for counterfeit any brand belonging to, or proper to be used by brand." the said inspector or any of his deputies, or shall impress or brand any cask, keg or firkin of butter or lard with any brand or brands of such inspector, or with any counterfeit brand as aforesaid, he shall forfeit and pay for each offence the sum of ten dollars.

shifting con

SEC. 10. Be it further enacted, That if any person shall Penalty for empty any cask, keg or firkin of butter or lard inspected and tents of casks, branded as by this Act is required, and put in any other but- fraudulently. ter or lard for sale or exportation, without first cutting out the said brands and marks, the person or persons so offending, shall for each such cask, keg or firkin, forfeit and pay the sum of ten dollars.

Fines and pen

alties how re covered and ap:

SEC. 11. Be it further enacted, That all fines and forfeitures mentioned in this Act shall, and may be sued for and recovered, with costs, by any person to his own use before a propriated. Justice of the Peace, or any other Court proper to try the same, with liberty of appeal, as in other civil actions.

make annual

SEC. 12. Be it further enacted, 'That it shall be the duty of Inspector to the inspector of butter and lard in the month of January an- returns to secnually to make a return of the number of casks of different retary of State, qualities of these articles branded by him, and his deputies, and the weight of the respective kinds, into the office of the Secretary of this State: The returns above specified to be made up to the first day of May of each year. And the said inspector shall require of his deputies to make the re-his deputies to turns to him necessary to carry into effect the provision quisite returns aforesaid.

and require of

make the re

to him.

in office to con

SEC. 13. Be it further enacted, That the inspector of but- Inspector and ter and lard and his deputies, who are now in office in this deputies now State, shall and may continue to exercise and perform all the tinue, &c. duties of their respective offices in as full and ample manner as they might lawfully do, if appointed pursuant to the first section of this Act.

[Approved March 19, 1821.]

Governor to appoint inspectors of

pickled fish and smoked

herrings.

Inspector to be sworn and give bond to

&c.

bonds, annual

ly;

if found insuffi

CHAPTER CL.

An Act to provide for the packing and inspection of Pickled and Smoked
Fish.

SEC. 1. BE it enacted by the Senate and House of Repre

sentatives, in Legislature assembled, That the Governor with the advice of Council is hereby authorized and directed to alewives and appoint and commission during his pleasure in each town and plantation in this State, where pickled fish or smoked alewives and herrings are cured or packed for the purpose of exportation, one or more suitable person or persons inspector or inspectors of pickled fish and smoked alewives and herrings, who shall be well skilled in the quality of the same, and before he enters on the duties of his office shall be sworn to the faithful discharge thereof, and shall give bond with town treasurer, sufficient sureties to the Treasurer of the town or plantation in which he is appointed, in the penal sum of not less than five hundred nor more than one thousand dollars for the Selectmen to faithful performance of the duties of his office. And the Seexamine such lectmen of towns, and Assessors of plantations in which such inspectors shall be appointed, shall annually examine the bonds given as aforesaid, and if the bond of any such incient, to be re- spector shall by them be considered insufficient, they shall spector to be re- forthwith notify such inspector of the same, and if any inspector shall for thirty days after such notice, neglect to give bond as aforesaid to the satisfaction of such Selectmen or Assessors, it shall be their duty to give information thereof to the Governor who shall remove such inspector and appoint some other person to such office. And any person injured by the neglect or misdoings of any such inspector shall be entitled to a copy of such bond, and shall have a right to bring an action thereon in the name of such Treasurer for his own use Proceedings on and benefit: and on producing the original in Court and obtaining judgment thereon, execution shall issue for such sum only as shall be found due in damages to the person for whose use any such action shall be brought; and the amount thereof being entered by the Clerk of the Court on the original bond, the same may be delivered back, (by leaving a copy,) to the Treasurer from whom the same was received.

newed, or in

moved.

Persons injur ed may sue such bunds.

such suits.

Quality and size of casks for packing pickled fish,

SEC. 2. Be it further enacted, That all barrels, half barrels and tierces which shall be made or used for the purpose of packing or containing pickled fish, shall be made of sound, well seasoned white oak, ash, red oak, spruce, pine or chestnut staves of rift timber, with heading of either of the said kinds of wood, sound, well seasoned, and the pine heads free from sap said heading to be well planed; the barrels, half barrels and tierces to be well hooped, with at least three hoops on each bilge, and three hoops on each chime, all of which shall be good hoops of sufficient substance, the barrel staves to be twenty-eight inches in length, and the heads to be seventeen inches between the chimes; and to contain not

less than twenty-nine nor more than thirty gallons; and barrels, half barrels and tierces shall be branded on the side of the cask near the bung with the name of the maker or owner of said cask, and shall be made in a workmanlike manner, to hold pickle; the half barrels to contain not less than fifteen gallons, and the tierces to contain not less than forty-five nor more than forty-six gallons: Provided however, That nothing Proviso as to contained in this Act, shall extend to fish packed in kegs of less than ten gallons.

fish in kegs.

size of boxes

rings.

SEC. 3. Be it further enacted, That all boxes which shall Quality and be made for the purpose of packing smoked alewives or for packing ale herrings and containing the same, shall be made of good wives and hersound boards, sawed and well seasoned, the sides, top and bottom of not less than half inch boards, and the ends not less than three quarters of inch boards, securely nailed with not less than eight sixpenny nails, and sixteen fourpenny nails to each box, and the top of each box to be planed, and shall be seventeen inches in length, eleven inches in breadth and six inches in depth in the clear, inside. And all ale- Herring, &c. wives or herrings intended to be smoked and packed shall be sufficiently salted and smoked, to cure and preserve the ed and smoked. same; and afterwards closely packed in the boxes, in clear and dry weather.

for exporting to be well salt

tors as to pack.

SEC. 4. Be it further enacted, That it shall be the duty Duty of inspec of the inspector to see that salmon, mackerel, shad and all ing salmon, other kinds of split pickled fish, or fish for barrelling, have mackerel, &c. been well struck with salt or pickle in the first instance, and preserved sweet, free from rust, taint or damage. And such fish as are in good order, and of a good quality, shall be packed in tierces, barrels or half barrels; the tierces shall contain three hundred pounds, the barrels shall contain two hundred pounds, and the half barrels one hundred pounds of fish each; and the same shall be packed with thirty-five pounds of good and clean coarse salt, suitable for the purpose to each barrel; and said casks after being packed and headed up with the fish, and sufficient salt to preserve the same, shall be filled up with a clear strong pickle; and shall be branded Salmon, Mackerel, Shad, (or as the case may be;) those of the best quality, caught in ing. the right season, to be most approved, and free from dam- Cargo No. 1. age, shall be branded Cargo No. 1; those which remain after the best have been selected, being sweet and free from Cargo No. 2. taint, rust or damage shall be branded Cargo No. 2; and there shall be a third quality, which shall consist of the thinnest and poorest of those that are sweet and wholesome, which shall be branded Cargo No. 3. And the inspector shall also brand in plain legible letters on the head of each and every cask, in which inspected merchantable fish or whole fish are packed or repacked, the weight, and initials of his christian name, with his surname at large, the name of the town for which he is appointed, and the word Maine an

Mode of brand

Cargo No. 3,

fraudulently

ing inspected fish.

nexed: And each cask shall be filled with fish of one and Penalty for the same kind; and if any person shall intermix, take out mixing ofhift- or shift any inspected fish which are packed and branded as aforesaid, or put in other fish for sale or exportation contrary to the true intent and meaning of this Act, he or they shall forfeit and pay fifteen dollars for each and every package so altered: Provided however, If any casualty shall render it necessary to repack a cask of inspected fish, it may in all cases be done by an inspector of such fish. And if any

person shall sell or export or cause to be sold or exported, Penalty for ex within or from this State, any tainted or damaged fish, he shall forfeit and pay ten dollars for every hundred weight that shall be thus sold or exported.

porting damaged fish.

Cod fish, had

to be packed.

&c.

Be it further enacted, That all cod fish, haddock, dock, &c. how hake, pollock and hallibut pickled and hereafter offered for Quality of casks sale, shall be packed in casks of the contents required by the second section of this Act, each barrel to contain two hundred and twenty-five pounds, and each half barrel to contain one hundred and twelve and an half pounds, agreeably to the rules of packing in the fourth section of this Act, with sufficient salt to preserve the same. And it shall be the duty of the inspectors to brand with plain and legible figures, the weight of the aforesaid five kinds of fish in addition to the brands required by the fourth section of this Act.

Inspectors to brand the

weight, &c. on casks.

Small fish,

whole, how to in what casks,

be packed, and

Smoked ale. wives and her

ed, &c.

SEC. 6. Be it further enacted, That all small fish which are usually packed whole with dry salt, shall be put in good casks of the size and materials mentioned in the second section of this Act; said fish shall be packed close in the cask and well salted: the casks shall be filled full with the fish and salt, putting no more salt with the fish than is necessary for their preservation; and the inspector shall brand all casks containing such inspected whole fish with the name of the fish, and the quality as described in the fourth section of this Act.

SEC. 7. Be it further enacted, That all smoked alewives rings how sort. Or herrings shall be divided and sorted by the inspector, and denominated according to their quality, first sort, and second sort; the first sort shall consist of all the largest and best cured fish, of not less than eight inches long; second sort, of the smaller, but well cured fish, of not less than seven inches long; and in all cases the following shall be taken out as refuse; all those which are belly broken, tainted, scorched or burnt, slack salted, or not sufficiently smoked. And each Boxes how to box of alewives or herrings so inspected, shall be branded on the top, by the inspecting officer with the first letter of the christian name, and the surname at length, of the inspector who inspected the same; and in like manner the name of the owner thereof, with the name of the town where it was inspected, with the addition of MAINE, and also with the quality of first sort or second sort.

be branded.

casks, and

ring, &c. in

less certificate

.

produced to col

SEC. 8. Be it further enacted, That no pickled fish in casks, Pickled fish, in and no smoked alewives or herrings in boxes, shall be ex-smoked herported from this State by water, unless the master or owner boxes not to be of the vessel shall produce to the Collector, or other officer cente authorized by the United States to clear out vessels, a certifi- of inspection be cate from the inspector, that the same has been inspected, lector. packed and branded according to the directions of this Act; Substance of and the certificate shall express the number of barrels, half certificate. barrels and tierces, and the number of boxes thus shipped, the kind and quality of the fish they contain, with the name of the master and owner, and the name of the vessel in which such fish are received for exportation. And such master or Master or ownowner of every vessel shall take and subscribe the following cath thereto. oath or affirmation, before the officer authorized as aforesaid:

er to make

I, A. B. do swear, or affirm, (as the case may be,) accord- Form of oathi ing to the best of my knowledge and belief, that the certifi cate hereunto annexed, contains the whole quantity of pickled and barrelled fish, and of smoked alewives and herrings on board the master; and that no fish, smoked alewives or herrings are shipped on board said vessel, for the ship's company, or on freight or cargo, but what are inspected and branded according to the laws of this State. So help me God: or this I do under the pains and penalties of perjury, (as the case may be.)

smoked fish,

vessel for ex

being inspect

Justice.

SEC. 9. Be it further enacted, That if any pickled or bar- Pickled or relled fish, or any smoked fish shall be put on board of any put on board boat, vessel, or carriage of conveyance, within this State, with portation, not intent to sell or export the same, unless said fish shall have ed. may be seizbeen inspected, and the casks and boxes containing the same ed by warrant shall have been branded agreeably to the provisions of this Act, it shall be lawful for any Justice of the Peace in the same county, upon complaint made to him, to issue his warrant to the Sheriff or his deputy, or to any Constable of the town where such boat, vessel or carriage of conveyance may be, requiring them respectively to seize and secure said fish, and carry the same to the inspector nearest the place where said boat, vessel or carriage may be; and said inspector is here- Power and du by authorized and required to open and inspect, and to pack ors. and brand the same in the same manner as is prescribed in this Act. And it shall be lawful for said inspector to detain the said fish until the expenses and charges of seizure, inspection, packing, and all other charges arising from such seizure, shall be paid. And it shall be the duty of every person, when required, to give necessary aid to the officer having such warrant, on pain of forfeiting five dollars for his refusal, to be recovered by action of debt, or on the case, before any Court proper to try the same; and by any person who will prosecute therefor.

ties of inspect

SEC. 10. Be it further enacted, That no pickled or smoked Fish brought fish, which shall be brought into this State from any into the State, other not to be softI;